Source: All England Reporter
Publisher Citation: [2013] All ER (D) 65 (Jan)
Neutral Citation: [2012] EWHC 3841 (Fam)
Court: Family Division
Judge:

Bodey J

Representation Ms Chokowry for A.
  Mr Wilkinson for C.
Judgment Dates: 10 October 2012

Catchwords

Divorce - Jurisdiction - Objection to jurisdiction - Parties being involved in divorce proceedings - Both parties Indian nationals - Husband bringing proceedings in India - Wife bringing proceedings in United Kingdom - Issue arising as to whether proceedings to be heard in England or India - Whether English court retaining discretion to stay properly constituted English divorce proceedings in favour of proceedings in foreign jurisdiction - Whether India to be preferred as location for instant proceedings - Whether, if English divorce proceedings stayed, wife's applications for interim relief and maintenance pending suit to be allowed to remain - Matrimonial Causes Act, 1973, ss 22, 27.

The Case

Divorce Jurisdiction. The Family Court considered a number of applications relating to divorce proceedings that were taking place in both England and India. It held that the English court retained a discretion to stay properly constituted English divorce proceedings in favour of proceedings in a foreign jurisdiction, and that India was to be preferred as the location for the instant proceedings. The court further held that an application by the wife under of the Matrimonial Causes Act 1973 would not survive the stay of the petition in the English court, and that an application under s 27 of the same Act would be stayed.

Practice Areas

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